RAM PRAKASH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been preferred by accused-appellant Ram Prakash Yadav against judgment and order dated 09.09.2010 passed by Additional Sessions Judge, Court No. 1, Mahoba in Session Trial No. 01 of 2009, (State of U.P. Vs. Ram Prakash Yadav) under Section 302 I.P.C., relating to Case Crime No. 02 of 2006, Police Station Srinagar, District Mahoba convicting and sentencing accused-appellant for the offence under Section 302 I.P.C. with imprisonment for life and also fine of Rs. 10,000/-. In default of payment of fine accused-appellant was also directed to undergo one year additional imprisonment.

(2.) Prosecution story, in nutshell, as unfolded in written report Ext. Ka-1, is as follows:

(3.) Informant Katta (PW-1) moved written report Ext. Ka-1 dated 01.01.2006 at police station concerned mentioning therein that he is resident of Village Pava, Police Station Srinagar, District Mahoba. On 01.01.2006 he was returning from the field along with his younger brothers Baladeen and Kallu. It is also mentioned that informant's younger brother Kallu was going along with cattles ahead to the informant. At about 05:00 P.M. accused-appellant Ram Prakash Yadav armed with illegal weapon came near pond situated just outside the village started hurling abuses and stated that "you have spread rumour against him and had written false fact on the wall". It is also mentioned that due to this enmity, accused-appellant opened fire upon Kallu which hit him on his chest and forehead and he died instantaneously. Accused-appellant ran away towards the field. Leaving dead body at the place of occurrence in supervision of family members, informant along with written report Ext. Ka-1 came at police station to lodge F.I.R. On the basis of written report Ext. Ka-1, chik F.I.R. on 01.01.2006 at 20:30 hours was registered at Case Crime No. 02 of 2006, under Section 302 I.P.C. against accused-appellant, which is Ext. Ka-12. G.D. entry was also made on the basis of chik on the same day which is Ext. Ka-1 Investigation started in the matter. Copying chik in the case diary and recording statement of chik writer and informant, Investigating Officer reached at the place of occurrence. Since it was night hours, inquest proceeding was started on 02.01.2006 in the morning. Preparing sample seal, dead body was kept in sealed clothes and inquest report Ext. Ka-3 along with other police papers Ext. Ka-4 to Ka-7 were prepared on the same day. Investigating Officer has taken bloodstained and simple earth from the place of occurrence and keeping the same in sealed boxes prepared memo Ext. Ka-8. One used cartridge of 315 bore and one bullet 315 bore were also recovered from the place of occurrence. Investigating Officer also kept the same in sealed boxes and preparing sample seal recovery memo Ext. ka-9 was prepared. Investigating Officer has also prepared site plan Ext. Ka-10. Post mortem on the dead body of deceased was conducted on 02.01.2006 at 03:30 P.M. at the mortuary concerned.